Bignardi v. Flextronics America, LLC, Case No. RG09449663, California Superior Court, County of Alameda
In April 2009, Rudy Exelrod Zieff & Lowe, together with co-counsel Borowsky & Hayes, filed a proposed class action complaint against Flextronics America, LLC (formerly Solectron) on behalf of "Area Team Leaders" (later called "Territory Managers") who were assigned to work at Verizon Wireless stores in California for unpaid overtime and other violations of the California Labor Code and Unfair Competition Law. The lawsuit alleged that Flextronics incorrectly classified Area Team Leaders/Territory Managers as "exempt" from the laws that require the payment of overtime and other California Labor Code provisions that protect non-exempt employees. (When the case was originally filed, "Team Leaders" were also proposed to be part of the case, and they were included in the Complaint accordingly. However, because there was an earlier lawsuit brought on behalf of Team Leaders, called Wahab v. Flextronics, and the Wahab lawsuit was already in the process of being settled, the plaintiffs in our Bignardi case decided not to pursue any claims on behalf of Team Leaders.)
After conducting discovery and investigation for several months, the parties participated in a "mediation" session presided over by a professional mediator and reached an agreement to settle all the claims in the case for a total payment of $1,150,000 by Flextronics, including attorney's fees and costs (subject to court approval). The class for settlement purposes is comprised of approximately 41 individuals who were employed in California by Flextronics (or Solectron) as Area Team Leaders or Territory Managers and assigned to Verizon Wireless stores in California at any time during the period from April 29, 2005 until July 12, 2010.
Because this is a class action settlement, the proposed settlement had to be and was approved by the Court in order to be effective. On July 12, 2010, the Court signed an order that preliminarily approves the proposed settlement, including approving the case to proceed as a class action for settlement purposes only. The Court approved a form of notice to be mailed to class members that informs them about the case and the proposed settlement, as well as a "Claim Form" which class members must timely submit in order to receive any money from the proposed settlement.
On October 7, 2010, the Alameda Superior Court granted final approval to a $1.33 million class action settlement to settle the overtime pay claims and related claims of the 41 Area Team Leaders. Settlement share checks were mailed to class members and the case was concluded.